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The old king of mobile messaging is coming after the new king.BlackBerry filed a lawsuit in California on Tuesday against Facebook, along with its subsidiaries WhatsApp and Instagram, for infringing on its messaging patents.BlackBerry claims in the lawsuit that the social media companies developed messaging applications that "co-opt BlackBerry's innovations" by using patented features touching on security, the user interface, and battery life."We have a strong claim that Facebook has infringed on our intellectual property, and after several years of dialogue, we also have an obligation to our shareholders to pursue appropriate legal remedies," a spokesperson for BlackBerry said in a statement provided to CNN.Facebook brushed off the suit as little more than a desperate move from a fading company."Blackberry's suit sadly reflects the current state of its messaging business," Paul Grewal, Facebook's deputy general counsel, said in a statement. "Having abandoned its efforts to innovate, BlackBerry is now looking to tax the innovation of others. We intend to fight."Related: Is BlackBerry making a comeback?BlackBerry was an early leader in the messaging market with the success of its smartphones and BlackBerry Messenger product in the mid-2000s.The patents cited in the lawsuit describe foundational elements of today's messaging services. One patent deals with notifications for the total number of unread messages. Other patents address photo tagging and messaging time stamps.BlackBerry is seeking unspecified monetary damages. It also appears to be seeking a partnership."As a cybersecurity and embedded software leader, BlackBerry's view is that Facebook, Instagram, and WhatsApp could make great partners in our drive toward a securely connected future," the spokesperson said in the statement. "We continue to hold this door open to them."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 1965

The New York City Ballet announced they would stream their 2019 performance of George Balanchine's "The Nutcracker" on Marquee TV due to the coronavirus pandemic.2020 marks the first year since its debut in February 1954 that the dance company will not perform NYC's holiday season's signature event.The production will be available beginning Dec. 11 through Jan. 3. 374

The man who police said killed two people at a Tallahassee, Florida yoga studio was accused of harassing young women in the area and reportedly made misogynistic remarks on YouTube videos but authorities say it's not clear why he carried out the attack.Scott Paul Beierle, 40, posed as a customer when he walked into Hot Yoga Tallahassee on Friday evening and fired a handgun without warning, police said.The yoga students fought back, police said, but two women were killed and five people were wounded. The gunman had turned the gun on himself by the time officers arrived, Tallahassee police Chief Michael DeLeo said. 628

The officer who fired the gunshots in a deadly swatting prank will not be charged as a Wichita, Kansas prosecutor ruled that the officer "acted reasonably," the Wichita Eagle reported on Thursday.Andrew Finch was killed on Dec. 28 after a prankster called the Wichita Police claiming that Finch was holding the caller hostage, and that multiple others had been shot. When police entered the home, they did not know at the time that the call was a prank. District Attorney Marc Bennett said Thursday that officers believed that Finch was reaching for a gun at the time of the shooting. Officers claimed that Finch was reaching for his waistband, and did not follow instructions to keep his hands up. "This shooting should not have happened," Bennett told the Wichita Eagle. "The officer's decision was made in the context of the false call."Finch was shot roughly 10 seconds after he opened the door. An autopsy confirmed that Finch was wounded by multiple bullet fragments, the Eagle reported. "The family's devastated and the family is disappointed by the decision of the district attorney today," Finch's family attorney told the Eagle. Andrew M. Stroth is representing the family in a federal civil rights lawsuit against the department.  1274

The Nasdaq closed in correction on Wednesday, with tech stocks sinking following disappointing results from Texas Instruments and AT&T.The index finished down about 4%. The Dow was down slopped about 600 points Wednesday afternoon.Microsoft (MSFT) will report its results after the closing bell Wednesday and analysts are estimating that the company will report an increase of nearly 15% for both sales and earnings per share, thanks largely to strength in its cloud business.Netflix already kicked off tech earnings season last week when it reported a healthy jump in subscribers. But the party was short-lived for it and fellow FANG stocks Facebook, Amazon and Google.Netflix (NFLX) rose more than 5% the day after its earnings report but has fallen 9% since then."You can't just say tech is going to do great or even that FANG is going to do great. You have to be more selective," said Daniel Morgan, senior portfolio manager with Synovus Trust Company.  974